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Single Missouri Car Accident in Gasconade County Claims Life

Post Date: August 11th, 2011

The Missouri car accident occurred on July 29, 2011 as 51-year-old Diana L. Czeschin crossed the centerline near Red Bird Road on Route B. When Czeschin attempted to correct her 1995 GMC truck, she overcorrected and traveled off the right side of the road. The Bland, Missouri resident crashed into a tree and was pronounced dead by, Ben Grossman, the Gasconade County Coroner. Czeschin was not wearing her seatbelt during the Missouri car accident.

Single vehicle Missouri car accidents are far too common. According to the National Highway Traffic Safety Administration (NHTSA), there were over 20,000 single vehicle car accidents in 2008. Of the 20,000 single vehicle car accidents, 10,000 happened off the road. Determining who is liable in a single vehicle Missouri car accident can be difficult considering the circum stances. Most single vehicle car accidents are usually the fault of the driver; however, in some cases another party may be responsible. As an example, a unit of the government could be responsible.

Local and state governments are tasked with setting speed limits that are appropriate for the road. These speed limits will vary depending on the terrain. The State of Missouri has set an over all maximum speed limit for the state in statute §304.010. According to this statute, rural highways have a maximum speed limit of 70 mph whereas rural expressway speeds are set at 65 mph. The maximum speed for urban interstates and lettered two-lane highways is 60 mph. The Missouri statute §304.010 decides the maximum speed limit for the whole state, but local government units may lower the limits if necessary.

The local or state government may be held liable for a single vehicle Missouri car accident if the posted speed limit is too high to accommodate the road condition or terrain. If the Missouri car accident victim was driving under the maximum posted speed limit at the time of the accident, the victim’s family could argue that the government was not diligent in posting an appropriate speed for that particular road.

If you are injured in a single vehicle Missouri car accident as a result of a negligent driver or improper speed limit posting, contact one of our experienced Missouri car accident lawyers immediately. Call 888.956.2487 and speak to one of our experienced Missouri car accident attorneys. Our knowledge will build a case of against the person or government entity that is at fault for causing the single vehicle accident.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Posted in car accident, Car Accident News, Fatal Car Accident, Missouri Car Accident Law, Seatbelts | No Comments »

St. Charles County Car Accident Causes O’Fallon Man to be Ejected

Post Date: July 20th, 2011

An O’Fallon, Missouri man was hospitalized after a car accident in St. Charles County, Missouri. The Missouri car accident happened on I-64 on July 19,2011. Wright City resident, Erin N. Dorlaque, drove her 2005 Cadillac into the rear of Michael W. Huffman’s 2002 Ford Expedition while traveling eastbound on I-64. The force of the collision caused both vehicles to drive off the road and rollover. As a result of the Missouri car accident, Huffman was ejected from his vehicle. Huffman was taken to St. John’s Medical Center by St. Charles County Ambulance to be treated for serious injuries.

It is not uncommon that the lighter SUV rolled over in the Missouri car accident. Light SUVs, trucks, and vans account for the largest number of rollover accident. SUVs, trucks, and vans have a higher center of gravity than the smaller passenger cars. Automobiles with a higher center of gravity have a higher rollover rate during a collision because of this factor. Sadly, the fatality rate for vehicles such as these in a rollover accident is upward to 59%. SUVs are not equipped to handle rollover accidents, especially since side airbags are not standard in most of the vehicles. The roof of an SUV or vehicle with a higher center of gravity is not designed to maintain the weight of the vehicle and occupants when the vehicle rolls over. The pressure that is put on the roof causes it to collapse under the weight, which can lead to serious injury or death.

In Missouri rollover car accidents, occupants may be ejected from the vehicle. Bodily injury or death can occur from a car accident ejection. National Highway Traffic Safety Administration concludes that 74% of vehicle occupants were ejected and died over the span of a year. Wearing a seat belt is the best way to prevent an ejection in the event of a Missouri car accident. Of the people who wore a seat belt, only 1% was completely ejected from the vehicle in a car accident.

Car accident victims who are in a rollover accident usually require a lot of medical treatment. The victims may miss a lot of work to recover from the injuries sustained in a Missouri car accident. As a result, they lose important wages. In Missouri, injured victims can fight for compensation. An experienced Missouri car accident lawyer will help fight to make sure victims receive the most compensation. If you are involved in a Missouri car accident with a distracted driver, call 888.956.2487 and speak to one of our experienced Missouri car accident attorneys.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Posted in car accident, Car Accident News, car wreck, Seatbelts | No Comments »

Missouri Car Accident Law – Failure To Wear Seatbelt

Post Date: January 9th, 2011

As motorists we’ve heard many times how important it is to wear a seatbelt while on the road. As a Missouri car accident attorney, I advise drivers to wear the seatbelt every day because now a seatbelt can help or hurt them in a motor vehicle accident civil lawsuit. Missouri motor vehicle attorneys must be careful that certain evidence against the injured person not be held against them such as alcohol or drug use, but now a victim’s failure to wear a seatbelt could limit the amount of money they can receive for compensation.

Failure to wear a seat belt is admissible evidence in Missouri civil court cases that involve injury from a car wreck. According to the Missouri Revised Statute § 307.178, “The failure to wear a safety belt may be admitted to mitigate damages, but only when:

  1. there is expert evidence proving that a failure to wear a safety belt contributed to the injuries claimed by plaintiff; and
  2. may reduce the amount of the plaintiff’s recover by no more than 1%.”

Although 1% may not seem like a large amount, when the victim is looking at several millions of dollars in compensation it adds up to a lot of money.

There are several Missouri cases, such as Newman v Ford, which addressed many issues of a Missouri rear end collision where the driver failed to wear a seatbelt. Seatbelts are for our protection on the road and should be worn even if you are just going to the corner store. A seatbelt can protect you from serious injury in the event of a Missouri car accident, and it can help you receive better compensation for your injuries.

While on the road, you should always play it safe. Wearing a seatbelt is not an option anymore with the Missouri “click it, or ticket” law, so it is best to protect yourself every time you are in the car. Even when you drive carefully, there are other people on the road that you can’t control and Missouri motor vehicle accidents happen. If a careless driver injures you, call 888.956.2487 to speak to an experienced Missouri motor vehicle accident attorney to discuss your claim and your rights as a victim.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

For more information regarding a Missouri Car Accident, get a free copy of the book, The 7 Biggest Mistakes That Will Destroy Your Car Accident Case by clicking on the picture of the book.  Missouri Car Accident Book

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Posted in Car Accident Advice, Seatbelts | No Comments »

Stopping Missouri Car Accidents – MoDOT issues challenge to teens

Post Date: October 7th, 2010

MoDot's Buckle-Up Challenge

In 2009, the Missouri Department of Transportation challenged teenagers to wear their seat belts. The reason for the challenge was to create awareness of the dangers of not wearing a seat belt and awarded high schools with the highest percentage increase in seat belt use to high schools that accepted the challenge. Over 200 high schools in Missouri participated and teenagers learned the importance that seat belts have on their safety while in a motor vehicle.

Since the 2009 buckle-up challenge, more teenagers are using their seat belts. According to the most recent survey, teenagers using seat belts increased by 5% from 61%. An increase of seat belt usage is a victory, but that still leaves 34% of teenagers who are putting themselves at a greater risk. The Missouri Department of transportation is inviting teenagers once again with the 2010 Battle of the Belt Challenge to try to reach that 34%.  As a Missouri Car Accident Lawyer, I am happy to hear about this program.  I see examples everyday of needless injuries occuring due to the lack of a seatbelt.

The statewide challenge began on October 4, 2010 and will end on November 19, 2010. The Battle of the Belt will educate teenage drivers about the importance of using their seat belt and help save lives. During the challenge MoDOT and high schools will issue reminders and provide demonstrations to students to educate them on the risks of not wearing their seat belts. During the competition, each participating high school will have a couple of surprise seat belt checkpoints in order to measure the usage of seat belts by the students.

During the challenge each high school will be given the opportunity to make a 30-second public announcement video that is aimed at teenagers to wear their seat belts. The 2009 video contest was awarded to Washington High School in Washington, Missouri, for their “Everyone’s a Winner When You Buckle Up” campaign. You can view their race to secure their seat belts at saveMOlives.com and get inspired.

Cash prizes will be awarded both statewide and regionally to high schools that reach the highest seat belt use. These incentives will encourage teenagers to wear their seat belts and to not become a statistic. Every time a student puts on their seat belt, they reduce their risk of being fatally injured in a car accident. The incentives involved in the challenge mean nothing then the increase in teenagers wearing their seat belts and a decrease in fatalities in motor vehicle accidents.

There are many organizations to thank for making the challenge possible. St. John’s Hospital and the Missouri Emergency Nurses Association introduced the seat belt challenge in Southwest Missouri because the number of teenagers killed in car accidents was devastating. American Family Insurance and the Missouri Coalition for Roadway Safety joined the fight in 2006 to help sponsor the program as a competition that extended across the state to get more students involved.

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Posted in MoDot, Seatbelts | No Comments »

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